mobile wireless financial instrument for automatically selecting a payment instrument

ABSTRACT

The specification and drawing figures describe and illustrate a point-of-sale payment system. The point-of-sale payment system includes a mobile wireless communications instrument having at least one data processor. The data processor is capable of automatically selecting a payment instrument for transmitting a payment sum across a mobile wireless communications network and, if necessary, a credit network. The point-of-sale payment system may also include a data transmission subsystem for receipt, storage, processing, and transmittal of data across the wireless communications network and/or the data transmission subsystem.

CROSS-REFERENCE TO RELATED APPLICATION

This application is a continuation-in-part from a co-pending applicationSer. No. 11/776,016 filed on Jul. 11, 2007 entitled A MOBILE WIRELESSFINANCIAL INSTRUMENT (“Parent Application”). The specification of theParent Application is incorporated by reference into this document.

FIELD

The apparatus, system, and methods described, illustrated, and claimedin this document relate generally to a mobile wireless communicationsinstrument capable of allowing a user to conduct financial transactionsacross one or more communications networks. More specifically, themobile wireless communications instrument is capable of allowing aconsumer to effect payments across a credit network by charging apayment to one or more payment instruments of the user. The mobilewireless communications instrument also is capable of collecting,storing, and transmitting a wide range of customer financial data,personal information, business information, and other information acrossa wireless communications system.

The apparatus and methods disclosed and claimed in the ParentApplication have proven useful in a wide variety of applications andcircumstances. The additional optimizations disclosed, illustrated andclaimed in this document provide a mobile wireless financial instrumentfor substantially automatically selecting a payment instrument byincluding in the mobile wireless communications instrument one or morepayment decision algorithms that are responsive to programmablepreferences by the user of the mobile wireless financial instrument forselecting a payment instrument based on the context of a user's desireto effect a payment.

BACKGROUND

The use of credit cards, debit cards, and similar payment instrumentshas been the universally preferred means for most consumer purchases ofgoods and even services. Current constructs for effecting consumerpurchases across a financial institution credit network are limited touse of a single payment instrument in connection with a purchase.Currently, a consumer must have in the consumer's possession a plasticpayment instrument, such as a credit card or debit card having amagnetic strip, or being contactless in nature. At the point-of-sale, acredit card reader, or terminal, or similar point-of-sale payment deviceis provided that requires the consumer to successfully swipe the paymentinstrument through the point-of-sale device. Over time, from repetitiveuse, the magnetic strip on the payment instrument degrades, and dataembedded in the magnetic strip may become unreadable for a variety ofcauses by a point-of-sale device. Degradation of the magnetic strip maycause payment rejection although the consumer may be the authentic ownerof the payment instrument. Authentication or verification of thecustomer is limited to data and information embedded in the magneticstrip of the payment instrument: whoever possesses the paymentinstrument can affect purchases. The use of personal identificationnumbers solves the problems neither of customer identification norcustomer verification. Customer authentication fails to overcomeproblems of lost or stolen payment instruments, degraded instruments, orloss of functionality between the payment instrument and point-of-salepayment devices.

There is a worldwide need, therefore, for a secure point-of-sale paymentsystem that allows a consumer, or customer, to selectively directpayments from at least one payment instrument, as well as from more thanone payment instrument, without the need to have in the customer'spossession a plastic rendition of the payment instrument. There existsalso a need for such a system to reduce problems arising from loss ofpayment instruments, fraud, and rejected payments, while allowing acustomer to make payments from a variety of payment instruments based onlogical criteria such as varying interest rates, amounts previouslycharged to the payment instrument, locale in which the payment is made(for example, a customer may have U.S. payment instruments fortransaction in the United States, but a Spanish payment instrument, forexample, for frequent trips to Spain).

A worldwide demand also exists for a system that permits a customer toselectively direct payments from one or more payment instruments by useof a portable, or mobile, wireless communication instrument commonly inpossession of customers worldwide. At least one example of such aportable, or mobile, wireless communications instrument is a cellulartelephone, but any wireless communications instrument to which acomputer and/or data processing system may be operatively connected maybe used other than a cellular telephone.

In addition, due in part to increasing mobility of people worldwide, andextensive national and international travel for business and/orpleasure, a need exists for a mobile wireless financial device capableof collecting, storing, receiving, and transmitting a wide range ofcustomer financial data, personal information, and business informationthat may be revised, updated, and provided across a wirelesscommunications system.

Currently, the well-known credit/debit card-based credit system isanything but paperless. Despite advent of the customer-not-present(“CNP”) electronic telephone authorizations, the vast majority ofcustomers conduct financial transactions across a credit network byusing a single credit or debit card, signing a receipt or similar paperconfirmation of the transaction, or perhaps conduct the transaction viaa touch screen, indicating the amount of payment that may be chargedagainst only a single payment instrument. Paper confirmations of thetransactions must be collected and collated. The apparatus, system, andmethods disclosed, illustrated, and claimed in this document obviatepaper receipts, and offer the prospect of instant payment transactionsacross a credit network.

SUMMARY

The apparatus, system, and method disclosed in this document address theabove-stated needs by providing a mobile wireless communicationsinstrument. A computer, or data processor, is operatively connected tothe mobile wireless communications instrument. In one aspect, the dataprocessing system includes a plurality of user programmable sets ofinstruction executable by the data processing system for selectively andsecurely conducting financial transactions using the mobile wirelesscommunications instrument. In another aspect, the data processing systemis capable of securely receiving, transmitting, and conducting financialtransactions across a credit network. In another aspect, the dataprocessing system is capable of transmitting and receiving programmablepayment instructions in connection with not only one payment instrument,but in connection with a plurality of payment instruments, across acredit network. The mobile wireless financial device is also capable ofallowing a user of the mobile wireless financial device to receive andtransmit a wide variety of financial data across a wirelesscommunications system.

The additional optimizations disclosed, illustrated and claimed in thisdocument provide a mobile wireless financial instrument forsubstantially automatically selecting a payment instrument by includingin the mobile wireless communications instrument one or more paymentdecision algorithms that are responsive to programmable preferences bythe user of the mobile wireless financial instrument for selecting apayment instrument based on the context of a user's desire to effect apayment.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is a schematic block diagram illustrating the point-of-saledevice employing a mobile wireless communications instrument;

FIG. 2 is a schematic block diagram illustrating a version of the dataprocessing system of the computer associated with the wirelesscommunications instrument;

FIG. 3 is a schematic block diagram illustrating the financial dataapparatus employing a mobile wireless communications instrument;

FIG. 4 is a block and schematic view of a system for effecting paymentsums across a mobile wireless communications system;

FIG. 5 is a flow chart illustrating a general use of a rules engine forselecting a payment instrument;

FIG. 6 is a flow chart illustrating one aspect of use of a locationdetermination system for selecting a payment instrument;

FIG. 7 is a flow chart illustrating another aspect of use of a locationdetermination system for selecting a payment instrument;

FIG. 8 is a flow chart illustrating one aspect of use of a date and atime for selecting a payment instrument;

FIG. 9 is a flow chart illustrating one aspect of use of financialparameters for selecting a payment instrument; and

FIG. 10 is a flow chart illustrating one aspect of use of biometric datafor selecting a payment instrument.

DETAILED DESCRIPTION Definitions

The terms “mobile wireless communications instrument,” “portablewireless communications instrument,” and “mobile wireless financialinstrument,” as used in this document mean at least a wirelesscommunication instrument, such as but not limited to a cellulartelephone, used in a wireless communications system that, in general,includes an array of operatively connected communication devices adaptedto receive and transmit at least electromagnetic signals across thesystem without cables using infrared light and radio signals, and alsoincludes a telecommunications system in which electromagnetic waves,rather than some form of wire, carry the signal over all or part of thecommunication path. The mobile wireless communications instrument mayalso receive and transmit signals from satellites, including satellitesthat are part of the Global Positioning System (GPS), Galileo, GLONASS,NAVSTAR, GNSS, a system that uses satellites from a combination of thesesystems, or any satellite positioning system subsequently developed(collectively referred to generally in this document as a SatellitePositioning System (SPS)). As used in this document, an SPS alsoincludes pseudolite (pseudo-satellite) systems.

The term “instrument” in combination with the words “mobile wirelesscommunications,” means and includes at least a cellular telephone and apager, a satellite telephone, a two-way pager, a personal digitalassistant (“PDA”) having wireless capabilities, a portable computerhaving wireless capabilities, home entertainment system control boxes,wireless local area networks, and any other type of wireless devicehaving transmission capabilities that may also be one or more versionsof a personal communications services device (“PCS”) including timedivision multiple access (“TCMA”), a code division multiple access(“CDMA”), a global system for mobile (“GSM”), non-voice communicationsapparatus, and text transmission apparatus, among others.

The term “point-of-sale device” means at least a terminal or otherdevice consisting of peer-to-peer near field communications devices, andISO 14443-compliant contactless card, and ISO 18092-compliant FeliCacard among others. Thus, a point-of-sale device includes not only creditcard and debit card readers (that may include touch screens), but alsoautomatic and automated teller machines (“ATM's”), among others.

The term “credit network” means a national and/or worldwide system inwhich financial institutions, merchants, and public users areconnectable. Credit networks were designed for use primarily withpayment instruments. Payment instruments allow public users, orcustomers, to use, for example, a credit or debit card to purchase goodsor services in substantially real time following authentication of thecustomer, and approval of the transaction by a financial institution. Auser, or customer (in this document, “user” or “customer”), is issued apayment instrument such as a credit or debit card after an account hasbeen approved by the credit provider, often a financial institution suchas a bank, with which the user is able to make purchases from merchantswho accept the credit, up to a pre-established limit. In addition, a“card association” often is included in the credit network, and includesamong others VISA® and MasterCard® which act as gateways between afinancial institution and issuer for authorizing and fundingtransactions, the issuer being a financial institution or otherorganization that issued the credit/debit card to the cardholder.

The flow of information and money among the various parties across acredit network, almost always through card associations, is known as the“interchange.” The interchange includes a number of steps. The firststep is authorization, in which the cardholder pays for a purchase, andthe merchant submits the transaction to a financial institution thatverifies, almost instantly, that the card number and transaction amountboth are valid, and then processes the transaction for the cardholder.Another step includes “batching,” which is the step by which atransaction is authorized and then stored in a batch that the merchantsends to the financial institution for later payment. Another stepincludes clearing and settlement, which is when the financialinstitution sends the transactions in a batch through the cardassociation that debits the issuers for payment and credits thefinancial institution. Finally, there is the step of funding. Once thefinancial institution has been paid, the merchant receives payment.

The terms “financial data” and “financial information” mean at least anyand all economics data related to matters of money and the markets.Financial data may be personal and/or commercial. Financial data andinformation is concerned with management of money, banking, credit,investments and assets.

The term “financial transaction” means at least the use of financialdata and financial information used in exchange or transfer of goods,services or funds, generally based on contract, agreement, bargain andsimilar transactions using a payment instrument.

The term “payment instrument” means at least a credit card, a debitcard, a contactless card, debit lines, debit coupons, and cashequivalents. Accordingly, the term “payment instrument” also includesthe financial data and information associated with a physical creditinstrument which may be stored in the mobile wireless communicationsinstrument in addition to or separate from a physical credit instrument.A payment instrument thus includes not only conventional credit cards,but also debit cards, coupons, loyalty cards, stored value, and any ofthe range of cash equivalents available to a user.

The term “payment sum” means an amount of cash or cash equivalentdebited to one or more payment instruments selected by a user of amobile wireless communications instrument in accordance with thisdocument to be debited for one or more payments in connection with atransaction conducted across a point-of-sale device.

The term “context” means a set of circumstances and conditions in whicha user, as defined in this document, elects to debit one or more paymentinstruments in connection with a particular transaction requiringpayment of a payment sum. The set of circumstances and conditions, thepayment instruments, and the nature of the transaction requiring paymentof a payment sum are included in one or more payment decision algorithmsresponsive to programmable preferences of a user.

The term “one or more databases for storing, receiving and transmittingfinancial data” means at least a mobile wireless communicationsinstrument operatively connected to a computer.

The term “user” means a person or persons authorized to use the mobilewireless communications instrument and to access either a credit networkto conduct and conclude payments in connection with one or more paymentinstruments, or one or more databases for storing, receiving andtransmitting financial data.

The term “location” and “position” and “position determination” mean andrefer to the physical and geographic location of an object including,for example, a mobile wireless communications instrument and a vendor'spoint-of-sale device, determined by any technique, technology, orsystem, or any combination of techniques, technologies, or systems,known or as yet unknown, for determining location and locationparameters that may be received, stored, processed and transmitted by amobile wireless communications system. Accordingly, the positiondetermination system used in connection with the mobile wirelesscommunications instrument of this document may be either a terrestrialsystem, or an SPS system as discussed below, or a combination of both.

The method and apparatus described in this document may be used withvarious satellite positioning systems (“SPS”), such as the United StatesGlobal Positioning System (“GPS”), the Russian Glonass system, theEuropean Galileo system, any system that uses satellites from acombination of satellite systems, or any satellite system developed inthe future. Furthermore, the disclosed method and apparatus may be usedwith positioning determination systems that utilize pseudolites or acombination of satellites and pseudolites. Pseudolites are ground-basedtransmitters that broadcast a PN code or other ranging code (similar toa GPS or CDMA cellular signal) modulated on an L-band (or otherfrequency) carrier signal, which may be synchronized with GPS time. Eachsuch transmitter may be assigned a unique PN code so as to permitidentification by a remote receiver. Pseudolites are useful insituations where GPS signals from an orbiting satellite might beunavailable, such as in tunnels, mines, buildings, urban canyons orother enclosed areas. Another implementation of pseudolites is known asradio-beacons. The term “satellite”, as used herein, is intended toinclude pseudolites, equivalents of pseudolites, and possibly others.The term “SPS signals”, as used herein, is intended to include SPS-likesignals from pseudolites or equivalents of pseudolites.

Currently, such techniques and apparatus used for various wirelesscommunication networks such as an SPS system include a wireless widearea network (WWAN), a wireless local area network (WLAN), a wirelesspersonal area network (WPAN), and so on. The term “network” and “system”are often used interchangeably. A WWAN may be a Code Division MultipleAccess (CDMA) network, a Time Division Multiple Access (TDMA) network, aFrequency Division Multiple Access (FDMA) network, an OrthogonalFrequency Division Multiple Access (OFDMA) network, a Single-CarrierFrequency Division Multiple Access (SC-FDMA) network, and so on. A CDMAnetwork may implement one or more radio access technologies (RATs) suchas cdma2000, Wideband-CDMA (W-CDMA), and so on. Cdma2000 includes IS-95,IS-2000, and IS-856 standards. A TDMA network may implement GlobalSystem for Mobile Communications (GSM), Digital Advanced Mobile PhoneSystem (D-AMPS), or some other RAT. GSM and W-CDMA are described indocuments from a consortium named “3rd Generation Partnership Project”(3GPP). Cdma2000 is described in documents from a consortium named “3rdGeneration Partnership Project 2” (3GPP2). 3GPP and 3GPP2 documents arepublicly available. A WLAN may be an IEEE 802.11x network, and a WPANmay be a Bluetooth network, an IEEE 802.15x, or some other type ofnetwork. The techniques may also be used for any combination of WWAN,WLAN and/or WPAN.

The term “wireless communications network” means a wirelesscommunications system adapted to communicate with one or more mobilewireless communications instruments, including not only the QUALCOMM®QSHOP™ system, but also any communications system capable of associatinggeographical location data with a mobile wireless communicationsinstrument, a point-of-sale device in a merchant's store, and oftransmitting between such geographic locations payment sums pertainingto a commercial transaction involving the sale and purchase of goodand/or services, using SPS position-determination technology.

The term “payment sum” means not only the amount of a purchase sum oramount, in any vendor-acceptable currency, that the user desires to payfor the products or services of the vendor, but also any and all paymentinstructions in connection with the payment sum.

The term “data transmission subsystem” means a back-office subsystem ofa wireless communications network including, but not limited to, theQUALCOMM Mobile Commerce Platform that includes QFLOW™.

The term “biometric data” means bionic and/or biometric features of aperson, including, but not limited to, iris recognition data, fingerprints, and similar biological information and/or features.

The word “exemplary” is used herein to mean “serving as an example,instance, or illustration.” Any aspect described in this document as“exemplary” is not necessarily to be construed as preferred oradvantageous over other aspects.

Description

The apparatus, system, and method disclosed in this document addressesthe above stated needs by providing a mobile wireless communicationsinstrument. A data processor or data processing system is operativelyconnected to the mobile wireless communications instrument. In oneaspect, the data processing system includes a plurality of userprogrammable sets of instruction executable by the data processingsystem for selectively conducting financial transactions using themobile wireless communications instrument. In another aspect, the dataprocessing system is capable of securely receiving, storing,transmitting, and conducting a wide variety of financial transactionsacross a credit network. In another aspect, the data processing systemis capable of receiving, storing, and transmitting programmable paymentinstructions in connection with not only one payment instrument, but inconnection with a plurality of payment instruments.

More specifically, in at least one aspect of the apparatus, system, andmethod disclosed, illustrated and claimed in this document, apoint-of-sale payment system 10 is provided that includes a portable, ormobile, wireless communications instrument 12, as illustrated in FIG. 1schematically and diagrammatically. The mobile wireless communicationsinstrument 12 is selected from the group of mobile wirelesscommunications instruments consisting of cellular phones, communicationapparatus providing personal communications services (PCS) includingtime division multiple access (TDMA), code division multiple access(CDMA) and global system for mobile (GSM), non-voice communicationapparatus, text transmission apparatus, satellite telephones, two-waypagers, personal digital assistants, portable wireless computers, awireless instrument specifically designed to implement financial datatransactions, among others.

As also illustrated in FIG. 1, the point-of-sale payment system includesa computer 14. As shown, the computer 14 is operatively connected to theportable, or mobile, wireless communications instrument 12. In oneaspect, the computer 14 also is housed in the portable wirelesscommunications instrument 12. The computer 14 is adapted to transmit andreceive programmable payment instructions in connection with one morepayment instruments 16 a-n. In operation, any and all dataelectronically or otherwise embedded in and on the one or more paymentinstruments 16 a-n, as shown in FIG. 1, as well as any other dataassociated with a customer, a financial institution, and/or a cardassociation, is stored in the computer 14 of the mobile wirelesscommunications instrument 12 for use as further described in thisdocument.

The computer of the mobile communications instrument 12 includes a dataprocessing system 100 as illustrated in a non-exclusive example in theblock diagram in FIG. 2. As shown, the data processing system 100 mayinclude a variety of components to enable the mobile communicationsinstrument 12 to send and receive data and information to apoint-of-sale device 18, including a computer processor 102, memory 104,the computer processor and memory connected by a bus 106. Memory 104 isa relatively high-speed machine-readable medium and includes volatilememories such as DRAM, and SRAM, as well as non-volatile memories suchas ROM, FLASH, EPROM, EEPROM, and bubble memory. Also connectable to thebus 106 are optional secondary storage 108, external storage 110, outputdevices such as a monitor 112 that may be mounted on the mobile wirelesscommunications system 12, in optional configurations an input devicesuch as a keyboard 114 with a mouse 116, and perhaps even a printer 118.Secondary storage 108 may include machine-readable media such as a harddisk drive, a magnetic drum, and a bubble memory. External storage 110may include machine-readable media such as a floppy disk, a removablehard drive, a magnetic tape, CS-ROM, and even other computers, possiblyconnected via a communications line 120. The distinction betweensecondary storage 108 and external storage 110 is primarily forconvenience in describing the invention. As such, a person skilled inthe art will appreciate that there is substantial functional overlapbetween and among the components. Computer software and user programscan be stored in a software storage medium such as memory 104, secondarystorage 108, and external storage 110. Executable versions of computersoftware can be read from a storage medium such as non-volatile memory,loaded for execution directly into volatile memory, executed directlyout of non-volatile memory, or stored on the secondary storage 108 priorto loading into volatile memory for execution.

In addition, those skilled in the art also will appreciate that thevarious illustrative logical blocks, modules, circuits, and algorithmsteps described in connection with the aspect of the invention disclosedin this document may be implemented as electronic hardware, computersoftware, or combination of both. To clearly illustrate thisinterchangeability of hardware and software, various illustrative andnon-exclusive components, blocks, modules, circuits, and steps have beendescribed in this document generally in terms of their functionality.Whether such functionality is implemented as hardware or softwaredepends on the particular application and design constraints imposed onan overall system. Skilled artisans may implement the describedfunctionality in varying ways for each particular application, but suchimplementation decisions should not be interpreted as causing adeparture from the scope of the present invention.

The various illustrative logical blocks, modules, and circuits describedin connection with the aspects disclosed in this document may beimplemented or performed with a general purpose processor, a DigitalSignal Processor (DSP), an Application Specific Integrated Circuit(ASIC), a Field Programmable Gate Array (FPGA) or other programmablelogic device, discrete gate or transistor logic, discrete hardwarecomponents, or any combination thereof designed to perform the functionsdescribed herein. A general-purpose processor may be a microprocessor,but in the alternative, the processor may be any conventional processor,controller, microcontroller, or state machine. A processor may also beimplemented as a combination of computing devices such as, in anon-exclusive example, a combination of a DSP and a microprocessor, aplurality of microprocessors, one or more microprocessors in conjunctionwith a DSP core, or any other such configuration.

The computer 14 of the wireless communications instrument 12 is capableof communicating with the point-of-sale device 18 in part due to use ofa near-field communications system, or similar technology. In operation,the user brings the wireless communications instrument 12 adjacent thepoint-of-sale device 18 and, using keys or other means for transmittingsignals and information, transmits instructions in connection withpayment instruments 16 a-n to the point-of-sale device 18 using one ormore near-field communications systems.

So-called “near-field communication” (NFC) systems have become known,and standards for NFC systems have been ratified. In accordance with thestandards, NFC systems are limited to a range of only about 10 cm andare capable of a bit transfer rate of 424 kilobits per second using acarrier frequency of 13.56 MHz. Similarly to radio frequencyidentification (RFID) systems, on which the new NFC standards are based,a principal function contemplated for NEC devices is the capacity tointerrogate them in a passive mode in which they consume no power and tohave a unique code, previously stored, rapidly and reliably returned ina manner which does not interfere with other wireless communications,and which minimizes or avoids interference from such other wirelesscommunications whenever such an interrogation is made. Accordingly, NFCsystems transmit information by inductive electromagnetic coupling inthe radio frequency portion of the spectrum. The NFC standard alsoprovides for software that enables nearly instantaneous peer-to-peernetwork setup. NFC devices thus effectively seek each other andestablish a communication link between themselves in sharp contrast to,for example, so-called Bluetooth enabled devices in which, while alsointended for short range peer-to-peer communications, setup proceduresare complex and extended, largely to establish device configurationwhich is unnecessary in NFC systems. This networking facility is insharp contrast to RFID systems which are set up in a master/slaverelationship in which usually passive chips or transponders are read byrelatively expensive, powered reader devices having a range of about twoto five meters. NFC systems also differ from other types of knownwireless communication systems such as so-called Wi-Fi systems thatgenerally require an access hub. Further, NFC devices can be set toeither an active or passive mode such that identification data can besent even when the device is off and consuming no power. Even in anactive mode, the range of NFC devices is so small that very little poweris consumed. Accordingly, NFC devices have been implemented in singlechips and chip sets for a wide variety of applications, and areappropriate for use in connection with the point-of-sale payment system10 described in this document.

As also illustrated in FIG. 1, the point-of-sale payment system includesa point-of-sale device 18. The point-of-sale device 18 is operativelyconnectable, on demand, to the portable wireless communicationsinstrument 12. The point-of-sale device 18 is adapted to receive andprocess payment data. More specifically, the point-of-sale device 18 isadapted to receive and process payment data across a credit network 20to which the point-of-sale device 18 is operatively connectable. Thepoint-of-sale device 18 may be a peer-to-peer near field communicationsdevice, an ISO 14443-compliant contactless card, and an ISO18092-compliant FeliCa card, among others.

The point-of-sale payment system 10 illustrated in FIG. 1 also includesat least one algorithm 22 shown diagrammatically in FIG. 1. Thealgorithm 22 may be included in the computer 14. In one aspect, the atleast on algorithm 22 is formulated to be responsive to a user'sprogrammable preferences for payment from the one or more paymentinstruments 16 a-n. The programmable preferences for payment may bepresented to and viewed by the user on the mobile wirelesscommunications instrument 12 as a range of selectable options and/orsettings. As one non-exclusive example, as shown in FIG. 1, a monitor 24may be mounted on the mobile wireless communications instrument, and theuser may scroll through the range of selectable options and/or settings,selecting one or more options. Because payment algorithm 22 isprogrammable by the user, or may be selected from a range of selectableoptions and/or settings by the user, the point-of-sale payment system 10allows a user to decide on personal strategies for making payments fromone or more payment instruments 16 a-n. The one more payment instruments16 a-n may include any combination or permutation of use of more thanone payment instrument 16 a-n that may include credit cards, debitcards, contactless cards, cash equivalents stored in the computer oron-line, and coupons, among others.

The point-of-sale payment 10 system illustrated in FIG. 1 also iscapable of loading, displaying, and transmitting user financialinformation and data to prepare a range of financial data reportsselected by the user of the mobile wireless communications instrument12. For example, the user may store in the computer 14 a variety ofpersonal or business financial reports such as, for example, a balancesheet, income statement, and similar reports. Such reports may betransmitted either across the credit network 20, to other databases andterminals in the discretion of the user.

In another aspect of the apparatus system, and method disclosed,illustrated and claimed in this document, as shown in FIG. 3, afinancial data apparatus 200 is provided. As shown, the financial dataapparatus 200 includes a mobile wireless communications instrument 202.The mobile wireless communications instrument 202 may be any of theoptional mobile wireless communications instruments already described inthis document.

As illustrated by cross-reference between FIGS. 2 and 3, in a computer204 operatively connected to the mobile wireless communications system202 is a data processing system 206. The data processing system 206 mayinclude one or more of the functionalities and components of the dataprocessing system 100 illustrated in FIG. 2. A wide array of financialdata may be stored in a memory 104, 108, and/or 110 as illustrated bycross-reference between FIGS. 2 and 3.

To enable the financial data apparatus 200 to selectively conductfinancial transactions using the mobile wireless communicationsinstrument 202, a plurality of user programmable sets of instructions208 executable by the data processing system 206 for selectivelyconducting financial transactions is provided. The plurality of userprogrammable sets of instructions 208 may be linked to any number ofdatabases 212.

In addition, the financial data apparatus 200 includes means, bothhardware and software, operatively connectable to the mobile wirelesscommunications instrument 202 for securely receiving, transmitting, andconcluding the financial transactions not only across a credit network210, but also across any network of interconnected and interconnectablecomputers and databases 212.

As indicated, the apparatus and methods disclosed and claimed in theParent Application have proven useful in a wide variety of applicationsand circumstances. The additional optimizations disclosed, illustratedand claimed in this document provide a mobile wireless financialinstrument for substantially automatically selecting a paymentinstrument by including in the mobile wireless communications instrumentone or more payment decision algorithms that are responsive toprogrammable preferences by the user of the mobile wireless financialinstrument for selecting a payment instrument based on the context of auser's desire to effect a payment.

At least one problem in connection with allowing a consumer to effectpayments across a credit network by charging a payment to one or morepayment instruments of a user or owner of the payment instruments arethe disparate locations in which a user may seek to use a mobilewireless financial instrument to effect financial transactions. Thatproblem, among others, is solved by using position determinationcapabilities of a mobile wireless financial instrument in connectionwith the payment decision algorithms to establish the user's preferencefor one or more payment instruments depending on the user's location. Anumber of additional problems associated with selecting a paymentinstrument for debiting a payment sum include use of financialparameters, use of times and dates, and use of biometric data as one ofa range of preferences that may be included in one or more decisionalgorithms in a data processing system for substantially automaticallyselecting one or more payment instruments from which to make a paymentsum across a point-of-sale payment system.

More specifically, as illustrated by cross-reference between FIGS. 1-10,a mobile wireless communications instrument, also described in thisdocument as a mobile wireless financial instrument, having positiondetermination capabilities is shown. In addition, a mobile wirelessfinancial instrument having position determination capabilities 402 isshown. The position determination system 402 may include an SPS system404, or a terrestrial system 406. As will be appreciated by those ofskill in the art, SPS system 404 and terrestrial system 406 may functioneither alone or in combination to provide position information, betweenthe mobile wireless communications instrument 400 and the point-of-saledevice 408, as well as across the credit network 410.

As illustrated, the flow of data and information may also be enhanced byuse of a wireless communications network 412 and a data transmissionsubsystem 414 to provide a payment sum by charging a payment instrument416 that one or more payment decision algorithms 418 located in themobile wireless communications instrument 400 selects from among a rangeof payment instruments 416 included on the mobile wirelesscommunications instrument 400. Alternatively, or in addition, the one ormore payment decision algorithms 418 may be located in the datatransmission subsystem 414. As illustrated in FIG. 4, the one or morepayment decision algorithms 418 a-n are shown in broken lines only as anaid in description. Likewise, the payment instruments 416 a-n also areshown diagrammatically in the form of a credit and/or debit card forillustrative purposes only. As indicated in this document, andappreciated by a person of skill in the art, the payment instruments 416a-n, the term “payment instrument” means not only a physical creditcard, a debit card, contactless card, debit lines, debit coupons, andcash equivalents, but also includes merely the financial data andinformation associated with a physical instrument which may be stored inthe mobile wireless communications instrument, and used in connectionwith the one or more payment decision algorithms 418 a-n, to transmit apayment sum across at least a credit network.

In operation, as illustrated by cross-reference between FIGS. 4-10, oneaspect of the invention disclosed, illustrated and claimed in thisdocument, shows a point-of-sale payment system. The point of salepayment system 10 uses a mobile wireless financial instrument 400 forautomatically selecting a payment instrument 416 a-n for sending apayment sum across a mobile wireless communications system 412 and/or acredit network 410. The mobile wireless financial instrument 400 forautomatically selecting a payment instrument 416 a-n includes at leastone mobile wireless communications instrument 400. In one aspect, themobile wireless communications instrument 400 is a cellphone. However,as a person skilled in the art will appreciate, use of a cellphone isnot a limitation of the mobile wireless financial instrument forautomatically selecting a payment instrument. The at least one mobilewireless communications instrument 400 has at least the capability toreceive, store, process and transmit a wide variety of data andinformation. The data and information may include a similarly widevariety of financial data.

The mobile wireless communications instrument 400 is operativelyconnectable to a number of other wireless apparatus, systems, andnetworks described in this document. For example, the wirelesscommunications network may be operatively connectable to a datatransmission subsystem 414. The data transmission subsystem 414 also iscapable of receiving, storing, processing and transmitting data acrossthe wireless communications network 412.

As illustrated perhaps best by cross-reference between FIGS. 2-4, themobile wireless financial instrument 400 for automatically selecting apayment instrument 416 a-n also includes a data processing system 206.In one aspect of the mobile wireless financial instrument 400 forautomatically selecting a payment instrument 416 a-n, the dataprocessing system 206 is housed in the mobile wireless communicationsinstrument 400. In another aspect of the mobile wireless financialinstrument 400 for automatically selecting a payment instrument 416 a-n,the data processing system 206 may be located in the data transmissionsubsystem 414. In yet another aspect of the mobile wireless financialinstrument 400 for automatically selecting a payment instrument 416 a-n,the data processing system 206 may be located in either or both of themobile wireless financial instrument 400 and/or data transmissionsubsystem 414. The data processing system is capable of receiving,storing, processing, and transmitting programmable payment instructionsin connection with one more payment instruments 416 a-n.

As also illustrated in FIG. 4, a point-of-sale device 408 is operativelyconnectable to the mobile wireless communications instrument 400. Thepoint-of-sale device 408 is capable of receiving and processing paymentdata. As illustrated in FIG. 4, the point-of-sale device 408 also may beoperatively connected to a credit network 410 for effecting payment of apayment sum across the credit network 410.

As illustrated in FIG. 4, the data processing system 206 includes one ormore payment decision algorithms 418. Each of the one or more paymentdecision algorithms 418 is responsive to programmable preferences of auser of the mobile wireless communications instrument 400. The term“programmable preferences” include a wide variety of choices availableto the user. Among the variety of choices is automatic selection of apayment instrument 416 a-n for transmitting a payment sum across atleast the point-of-sale payment device 408.

Thus, in one non-exclusive aspect of the mobile wireless financialinstrument 400 for automatically selecting a payment instrument 416 a-nfor sending a payment sum across a mobile wireless communications system412, the one or more payment decision algorithms 418 a-n is responsiveto programmable preferences of a user in connection with locationinformation. As illustrated in FIGS. 4-7, the location information issupplied by a position determination system 402. The locationinformation provided across the position determination system 402 isused to identify which of a plurality of payment instruments 416 a-n ispreferred by the user for a payment sum directed to a point-of-saledevice 408. The position determination system 402 is operativelyconnectable to the data processing system 206 of the wirelesscommunications instrument 400, to the wireless communications network412, and, if used, the data transmission subsystem 414.

In another aspect of the mobile wireless financial instrument forautomatically selecting a payment instrument, as illustrated in FIG. 8,the one or more payment decision algorithms 418 a-n responsive toprogrammable preferences of a user of the mobile wireless communicationsinstrument 400 includes one or more preferences based on the date onwhich a payment sum is to be transferred across the point-of-salepayment system 10.

In yet another aspect of mobile wireless financial instrument forautomatically selecting a payment instrument, as illustrated in FIG. 9,the one or more-payment decision algorithms 418 a-n responsive toprogrammable preferences of a user of the mobile wireless communicationsinstrument 400 includes one or more preferences based on the time atwhich a payment sum is to be transferred across the point-of-salepayment system 10.

Yet another aspect of the mobile wireless financial instrument 400 forautomatically selecting a payment instrument 416 a-n, as illustrated inFIG. 9, the one or more payment decision algorithms 418 a-n responsiveto programmable preferences of a user of the mobile wirelesscommunications instrument 400 includes one or more preferences based onbiometric data associated with the user of the mobile wirelesscommunications instrument.

Another aspect of the mobile wireless financial instrument forautomatically selecting a payment instrument, as illustrated in FIG. 10,the one or more payment decision algorithms 418 a-n responsive toprogrammable preferences of a user of the mobile wireless communicationsinstrument 400 includes one or more preferences based on priorhistorical data in connection with use of the one or more paymentinstruments.

Likewise, the mobile wireless financial instrument 400 for automaticallyselecting a payment instrument 418 a-n, and the one or more paymentdecision algorithms 418 a-n, are also responsive to identification ofthe point-of-sale device 408.

The one or more payment decision algorithms 418 a-n responsive toprogrammable preferences of a user of the mobile wireless communicationsinstrument 400 also includes the capability of eliminating at least oneof the one or more payment instruments 418 a-n based on informationtransmitted to the mobile wireless communications instrument from thepoint-of-sale device 408.

Referring now to FIG. 5, a method of substantially automaticallyselecting a payment instrument 418 a-n for use in effecting a paymentsum is summarized in a flowchart included as an aid in describing thesteps of the method. The steps are as follows. As shown, the methodincludes step S502 of selecting a mobile wireless communicationsinstrument 400. Step S504 recites installing a data processor in themobile wireless communications instrument. Features and capabilities ofthe data processor are described in this document and illustrated byreference to FIG. 2-4. As also illustrated in FIG. 5, step S506 isdirected to installing in the data processor a programmable rulesengine. The programmable rules engine includes, among othercapabilities, a range of possible preferences applicable by a user ofthe mobile wireless communications instrument 400 for selecting a singlepayment instrument 416 or selecting a payment instrument from among aplurality of payment instruments 416 a-n. In planning to make purchases,for example, a user of the mobile wireless communications instrumentidentifies in step S508 a range of selected preferences from among therange of possible preferences. The range of preferences may include, butare not limited to, one or more credit cards, debit cards, loyaltycards, coupons, stored values, among other possibilities (in thisdocument, “payment instruments”). That data is included in theprogrammable rules engine. An order of priority may be established bythe user among the preferences in connection with the paymentinstruments as desired by a user in a particular context.

At step S510, the data processor and the rules engine are shown asoperatively connected, and at step S512 the user of the mobile wirelesscommunications instrument 400 has selected one or more preferences froma menu of preferences. The user, in the example of FIG. 5, has indicatedat step S512 a range of preferences for a plurality of paymentinstruments 416 a-n, and instructed selection of a plurality of paymentinstruments 416 a-n based on a rule such a the geographic location ofthe mobile wireless communications instrument 400. Thus, in thenon-exclusive example illustrated at steps S514 through S518, the one ormore payment decision algorithms 418 a-n is prepared to enable paymentfrom one or more payment instruments 416 a-n based on location of eitherthe mobile wireless communications instrument 400 and/or thepoint-of-sale device 408. At step S520 the one or more payment decisionalgorithms 418 a-n enables the payment when, at step S522, the useroperatively connects the mobile wireless communications instrument 400and/or the point-of-sale device 408. At step 524 the user may authorizethe payment sum using any of a number of payment instructions acceptableto the point-of-sale device 408, and well known to a person skilled inthe art. Steps S502 through S524 may be repeated in a subsequentcontext.

As illustrated in FIG. 6, an example, one among many, of how the methodof substantially automatically selecting a payment instrument for use ineffecting a payment may be implemented, is illustrated. At step S602,the location determination system illustrated in FIG. 4 is used todetermine the coordinates of the mobile wireless communicationsinstrument 400. Based on a user's preference, the user may determine atstep S604 that the user wants the method of substantially automaticallyselecting a payment instrument to be responsive to a location that iswithin 20 miles of the user's home. If that step is satisfied, at stepS606 the programmable rules engine would select, for example, a user'sdebit card. Alternatively, at step S608, if the user's mobile wirelesscommunications instrument 400 is within 100 miles of the user's home,the programmable rules engine would select, for example, a user's creditcard. At step S610, if the programmable rules engine determines that theuser is in excess of 100 miles from home, the assumption is that theuser is traveling for business purposes, so the programmable rulesengine would select, for example, a business credit card. As a person ofskill in the art will appreciate, any number of combinations andpermutations of location and distance may be used to identify and selectfrom among the range of possible preferences one or more preferencesdesired by a user for use in a particular context, and to select apayment instrument at step S612.

For example, as illustrated in FIG. 7, a method of substantiallyautomatically selecting a payment instrument 416 a-n for use ineffecting a payment is shown. At step S702, the range of preferencesprovided by the programmable rules engine would include geographiccoordinates of the user's mobile wireless communications instrument. Atstep S704, one of the range of preferences in the programmable rulesengine is to compare those coordinates with known locations or,alternatively, at step S706, to determine if the location is an unknownlocation. If a known location, then at step S708 the programmable rulesengine would select the same payment instrument used at the samelocation previously. Alternatively, if the location is unknown, at stepS710 the programmable rules engine would ask for instructions from theuser about a preference for a payment instrument to use. If known orunknown, the location data can automatically be saved in theprogrammable rules engine as historical data for future use, as shown atstep S712.

Likewise, as a person skilled in the art will appreciate, theprogrammable rules engine may include the capabilities of rankingpreferences in descending order for application to a particular context,matching the ranking of preferences with the particular context, andchoosing one or more payment instruments for use in the particularcontext.

In another aspect of the method of substantially automatically selectinga payment instrument 416 a-n for use in effecting a payment, asillustrated in FIG. 8, additional enhancements are achieved by includingin the rules engine a range of preferences based on a date and a time ofa user's selection of a payment instrument 416 from among the pluralityof payment instruments 416 a-n. At step 802 the current data and timeare determined. At step 804, the programmable rules engine substantiallyautomatically determines, either in combination with location data, orwithout location data, the preference for a payment instrument 416desired by a user. For example, a user may elect to use differentpayment instruments 416 a-n depending on work or non-work hours, apreference that may change, as indicated at step S806, depending on thedate of the week.

In yet another aspect of the method of substantially automaticallyselecting a payment instrument for use in effecting a payment, asillustrated in FIG. 9, additional enhancements are achieved by includingin the programmable rules engine a range of preferences based on one ormore financial parameters chosen by a user for selecting a paymentinstrument 416 from among the plurality of payment instruments 416 a-n.For example, the programmable rules engine may include a range ofpreferences based on remaining credit balances associated with a paymentinstrument. Thus, at step S902 the user's mobile wireless communicationsinstrument 400 is automatically updated with current accountinformation, including at step S904, for example, a card balance. If, atstep S906, the card has reached its balance, at step S906 a differentpayment instrument is selected. Alternatively, by combining step S906with step S910, two different payment instruments might be debited witha payment sum.

In yet another aspect of the method of substantially automaticallyselecting a payment instrument for use in effecting a payment, asillustrated in FIG. 10, additional enhancements are achieved byincluding in the programmable rules engine a range of preferences basedon biometric data for identifying one or more users of the mobilewireless communications instrument for selecting a payment instrumentfrom among a plurality of payment instruments. This feature might beuseful, for example, where the user of the mobile wirelesscommunications instrument wants to allow another person to use themobile wireless communications instrument for purposes of debiting oneor more payment instruments. Preferences may be altered, as shown atstep S1002 and step S1004 to either limit a second user to use of aspecific payment instrument or to allow use of a plurality of paymentinstruments.

As a person of skill in the art will appreciate, all of the featuresdiscussed in this document may be used alone or in combination with oneof more preferences of the programmable rules engine.

In operation, the unique advantages and features disclosed, illustratedand claimed in this document are obtained by selecting a mobile wirelesscommunications instrument. A data processing system is installed in themobile wireless communications instrument. The data processing systemincludes the payment decision algorithm. The payment decision algorithmis programmable to be responsive to preferences of a user of the mobilewireless communications instrument, including, but not limited to,automatically identifying and selecting a payment instrument to be usedto make a payment sum. Thus, the payment decision algorithm is capableof choosing from among a range of programmable preferences the uniquepreferences of a user regarding which payment instrument or instrumentsto use.

Those of skill in the art also will appreciate that the method stepsclaimed in this document can be interchanged and are interchangeablewithout departing from the scope of the invention.

Those of skill in the art also will understand that information andsignals may be represented using any of a variety of differenttechnologies and techniques. For example, data, instructions, commands,information, signals, bits, symbols, and chips that may be referencedthroughout the above description may be represented by voltages,currents, electromagnetic waves, magnetic fields or particles, opticalfields or particles, or any combination thereof.

The previous description of the disclosed aspects is provided to enableany person killed in the art to make or use the present invention.Various modifications to these embodiments will be readily apparent tothose skilled in the art, and the generic principles defined in thisdocument may be applied to other embodiments without departing from thespirit or scope of the invention. Thus, the present invention is notintended to be limited to the aspects shown in this document, but is tobe accorded the widest scope consistent with the principles and novelfeatures disclosed in this document.

1. A point-of-sale payment system, comprising: a mobile wirelesscommunications instrument adapted to receive, store, process andtransmit data, wherein the data includes at least financial dataassociated with one or more payment instruments; a wirelesscommunications network operatively connectable to the mobile wirelesscommunications instrument, wherein the wireless communications networkincludes a data transmission subsystem adapted to receive, store,process and transmit data across the wireless communications network; adata processing system housed in the portable wireless communicationsinstrument adapted to receive, store, and transmit programmable paymentinstructions in connection with one more payment instruments; apoint-of-sale device operatively connectable to the mobile wirelesscommunications instrument adapted to receive and process payment data,wherein the point-of-sale device also is operatively connected to acredit network; and a position determination system operativelyconnectable to the wireless communications instrument, to the wirelesscommunications network, and to the data transmission subsystem adaptedto provide at least the location of the mobile wireless communicationsinstrument.
 2. A point-of-sale payment system as recited in claim 1,wherein the data processing system is located in the data transmissionsubsystem.
 3. A point-of-sale payment system as recited in claim 1,wherein the data processing system includes one or more payment decisionalgorithms responsive to programmable preferences of a user of themobile wireless communications instrument.
 4. A point-of-sale paymentsystem as recited in claim 3, wherein the one or more payment decisionalgorithms responsive to programmable preferences of a user isresponsive to location information provided across the positiondetermination system.
 5. A point-of-sale payment system as recited inclaim 4, wherein the location information provided across the positiondetermination system is used to identify which of a plurality of paymentinstruments is preferred by the user for debiting a payment sum.
 6. Apoint-of-sale payment system as recited in claim 3, wherein the one ormore payment decision algorithms responsive to programmable preferencesof a user of the mobile wireless communications instrument includes oneor more preferences based on the date on which a payment sum is to betransferred across the point-of-sale payment system.
 7. A point-of-salepayment system as recited in claim 3, wherein the one or more paymentdecision algorithms responsive to programmable preferences of a user ofthe mobile wireless communications instrument includes one or morepreferences based on the time at which a payment sum is to betransferred across the point-of-sale payment system.
 8. A point-of-salepayment system as recited in claim 3, wherein the one or more paymentdecision algorithms responsive to programmable preferences of a user ofthe mobile wireless communications instrument includes one or morepreferences based on biometric data associated with the user of themobile wireless communications instrument.
 9. A point-of-sale paymentsystem as recited in claim 3, wherein the one or more payment decisionalgorithms responsive to programmable preferences of a user of themobile wireless communications instrument includes one or morepreferences based on prior historical data in connection with use of theone or more payment instruments.
 10. A point-of-sale payment system asrecited in claim 3, wherein the one or more payment decision algorithmsis further responsive to identification of the point-of-sale device andthe mobile wireless communications instrument.
 11. A point-of-salepayment system as recited in claim 3, wherein the one or more paymentdecision algorithms responsive to programmable preferences of a user ofthe mobile wireless communications instrument is capable of excluding atleast one of the one or more payment instruments based on informationtransmitted to the mobile wireless communications instrument from thepoint-of-sale device.
 12. A method of selecting a payment instrument fortransmitting and accepting a payment sum across a point-of-sale paymentsystem, comprising: selecting a mobile wireless communicationsinstrument; installing a data processing system in the mobile wirelesscommunications instrument; including in the data processing system apayment decision algorithm responsive to programmable preferences of auser of the mobile wireless communications instrument for one or morepayment instruments to be used to make a payment sum; choosing fromamong a range of programmable preferences one or more preferences of auser regarding the one or more payment instruments; operativelyconnecting the mobile wireless communications instrument across awireless communications network; operatively connecting the mobilewireless communications instrument to a point-of-sale device; andtransmitting the payment instrument payment sum data to thepoint-of-sale device.
 13. A method of selecting a payment instrument fortransmitting and accepting a payment sum across a point-of-sale paymentsystem as recited in claim 12, wherein the step of selecting a mobilewireless communications instrument includes the substep of selecting acellphone.
 14. A method of selecting a payment instrument fortransmitting and accepting a payment sum across a point-of-sale paymentsystem as recited in claim 12, wherein the step of operativelyconnecting the mobile wireless communications instrument across awireless communications network includes the substep of operativelyconnecting the mobile wireless communications instrument to a creditnetwork.
 15. A method of selecting a payment instrument for transmittingand accepting a payment sum across a point-of-sale payment system asrecited in claim 12, wherein the step of operatively connecting themobile wireless communications instrument across a wirelesscommunications network includes the substep of operatively connectingthe mobile wireless communications instrument to a data transmissionsubsystem.
 16. A method of selecting a payment instrument fortransmitting and accepting a payment sum across a point-of-sale paymentsystem as recited in claim 12, wherein the step of operativelyconnecting the mobile wireless communications instrument across awireless communications network includes the substep of operativelyconnecting the mobile wireless communications instrument to a positiondetermination system.
 17. A method of selecting a payment instrument fortransmitting and accepting a payment sum across a point-of-sale paymentsystem as recited in claim 12, wherein the step of including in the dataprocessing system a payment decision algorithm responsive toprogrammable preferences of a user of the mobile wireless communicationsinstrument for one or more payment instruments to be used to make apayment sum includes the substeps of: a) substantially automaticallyselecting a payment instrument based on location information providedacross the position determination system; b) substantially automaticallyselecting a payment instrument based on the date on which a payment sumis to be transferred across the point-of-sale payment system; c)substantially automatically selecting a payment instrument based on thetime at which a payment sum is to be transferred across thepoint-of-sale payment system; d) substantially automatically selecting apayment instrument based on biometric data associated with the user ofthe mobile wireless communications instrument; and/or e) substantiallyautomatically selecting a payment instrument based on prior historicaldata in connection with use of the one or more payment instruments. 18.A method of selecting a payment instrument for transmitting andaccepting a payment sum across a point-of-sale payment system as recitedin claim 12, wherein the step of operatively connecting the mobilewireless communications instrument to a point-of-sale device includesthe substep of making a payment sum from a payment instrument identifiedby the point-of-sale device.
 19. A method of selecting a paymentinstrument for transmitting and accepting a payment sum across apoint-of-sale payment system as recited in claim 12, wherein the step ofoperatively connecting the mobile wireless communications instrument toa point-of-sale device includes the substep of excluding one or morepayment instruments based on information transmitted to the mobilewireless communications instrument from the point-of-sale device.
 20. Anapparatus for selecting a payment instrument, comprising: a mobilewireless communications instrument having a data processing system; adata processing system operatively connectable to the mobile wirelesscommunications instrument, wherein the data processing system includesat least one payment decision algorithm responsive to programmablepreferences of a user of the mobile wireless communications instrumentfor selecting a payment instrument to debit for a payment sum; apoint-of-sale device operatively connectable to the data processingsystem for receiving, processing, and transmitting the payment sumacross a credit network.
 21. An apparatus for selecting a paymentinstrument as recited in claim 20, further comprising a wirelesscommunications network operatively connectable to the mobile wirelesscommunications instrument, to the data processing system, and to thepoint-of-sale device for receiving and transmitting
 22. An apparatus forselecting a payment instrument as recited in claim 20, furthercomprising a data transmission subsystem for receiving, storing,processing and transmitting data across the wireless communicationsnetwork.
 23. An apparatus for selecting a payment instrument as recitedin claim 20, wherein the data processing system is capable of receiving,storing, processing and transmitting data across the wirelesscommunications network.
 24. A storage medium containing computersoftware encoded in machine-readable format for identifying andselecting substantially automatically a payment instrument, the computersoftware comprising: a) a set of computer instructions for substantiallyautomatically selecting a payment instrument due to location of thecomputer software; b) a set of computer instructions for substantiallyautomatically selecting a payment instrument based on the date on whicha payment sum is to be transmitted to a point-of-sale payment device; c)a set of computer instructions for substantially automatically selectinga payment instrument based on the time at which a payment sum is to betransmitted to a point-of-sale device; d) a set of computer instructionsfor substantially automatically selecting a payment instrument based onbiometric data; and e) a set of computer instructions for substantiallyautomatically selecting a payment instrument based on prior historicaldata in connection with use of the payment instrument.
 25. A storagemedium containing computer software encoded in machine-readable formatfor identifying and selecting substantially automatically a paymentinstrument as recited in claim 24, further comprising a set of computerinstructions located in a mobile wireless communications instrument. 26.A storage medium containing computer software encoded inmachine-readable format for identifying and selecting substantiallyautomatically a payment instrument as recited in claim 24, furthercomprising a set of computer instructions located in a mobile wirelesscommunications instrument.
 27. A payment system, comprising: means forcommunicating across a mobile wireless communications system; meansoperatively connectable to the means for communicating across a mobilewireless communications system for collecting, storing, processing andtransmitting a payment sum across the mobile wireless communicationssystem; and means operatively connectable to the communicating means forsubstantially automatically debiting the payment sum from a paymentinstrument.
 28. A payment system as recited in claim 27, wherein themeans for communicating across a mobile wireless communications systemis a mobile wireless communications instrument.
 29. A payment system asrecited in claim 28, wherein the mobile wireless communicationsinstrument is a cellular telephone.
 30. A payment system as recited inclaim 27, wherein the means operatively connectable to the communicatingmeans includes a data processing system.
 31. A payment system as recitedin claim 30, wherein the communicating means includes a point-of-saledevice.
 32. A payment system as recited in claim 31, wherein the dataprocessing system includes a payment decision algorithm responsive toprogrammable preferences of a user of the mobile wireless communicationsinstrument for selecting one or more payment instruments from which tomake the payment sum.
 33. A method of substantially automaticallyselecting a payment instrument for use in effecting a payment,comprising: A) selecting a mobile wireless communications instrumenthaving a data processor; B) installing in the data processor aprogrammable rules engine that includes at least a range of possiblepreferences applicable by a user of the mobile wireless communicationsinstrument for selecting a payment instrument from among a plurality ofpayment instruments; C) identifying from among the range of possiblepreferences the preferences desired by a user for use in a particularcontext; D) operatively connecting the mobile wireless communicationsinstrument to a point-of-sale device; E) directing the mobile wirelesscommunications instrument to transmit a payment sum to the point-of-saledevice; F) allowing the mobile wireless communications instrument tosubstantially automatically select the one or more payment instrumentsto be debited for the payment sum; and G) repeating steps A) through F)in a subsequent context.
 34. A method of substantially automaticallyselecting a payment instrument for use in effecting a payment as recitedin claim 33, wherein step C), namely identifying from among the range ofpossible preferences one or more preferences desired by a user for usein a particular context, includes the substeps of: i) ranking thepreferences in descending order for application to a particular context;ii) matching the ranking of preferences with the particular context; andiii) choosing one or more payment instruments for use in the particularcontext.
 35. A method of substantially automatically selecting a paymentinstrument for use in effecting a payment as recited in claim 34,further comprising the substeps of: H) operatively connecting the mobilewireless communications instrument to: i) a position determinationsystem; ii) a wireless communications network; and/or iii) a datatransmission subsystem; I) determining the location of the mobilewireless communications instrument; J) including in the series ofpreferences a subset of preferences for selecting one or more paymentinstruments depending on the location of the mobile wirelesscommunications instrument and corresponding preferences selected by theuser of the mobile wireless communications instrument; and K) recordingthe data resulting from step I), namely determining the location of themobile wireless communications instrument, as historical data for futureuse in selecting a payment instrument.
 36. A method of substantiallyautomatically selecting a payment instrument for use in effecting apayment as recited in claim 35, further comprising the substep of: L)including in the rules engine a range of preferences based on a date anda time of a user's selection of a payment instrument from among theplurality of payment instruments.
 37. A method of substantiallyautomatically selecting a payment instrument for use in effecting apayment as recited in claim 36, further comprising the substep of: M)including in the rules engine a range of preferences based on one ormore financial parameters chosen by a user for selecting a paymentinstrument from among the plurality of payment instruments.
 38. A methodof substantially automatically selecting a payment instrument for use ineffecting a payment as recited in claim 36, further comprising thesubstep of: O) including in the rules engine a range of preferencesbased on biometric data for identifying one or more users of the mobilewireless communications instrument for selecting a payment instrumentfrom among a plurality of payment instruments.